Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144

Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144

The Tribunal did not have jurisdiction to review the agency's decision to delay determining a reduction in processing charges as it was not a reviewable decision under s 80 of the GIPA Act. The Appeal Panel found no error that could have affected the outcome and dismissed the appeal.

Parties
Appellant: David Shoebridge; Respondent: Office of Environment and Heritage; Interested Party: Information Commissioner
Jurisdiction
Australia
Judgment Date
06 June 2018
Procedural Posture
Administrative Review/appeal / Appeal Panel Decision
Outcome
Appeal dismissed. Leave to appeal on a question other than a question of law is refused.
Legal Topics
Government Information, Processing Charges, Public Benefit Discount, Jurisdiction of Review
Administrative Law Government Information Processing Charges Public Benefit Discount Jurisdiction of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Shoebridge

Appellant

Office of Environment and Heritage

Respondent

Information Commissioner

Interested Party

Procedural Posture

Administrative Review/appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether an agency must determine an application for a discount in processing charges when requiring an advance deposit under the Government Information (Public Access) Act 2009 (NSW)
  2. 2 Whether the decision to delay is a reviewable decision under s 80(c) or (k) of the GIPA Act
  3. 3 Jurisdiction of Tribunal to review refusal or delay

Ratio Decidendi

The Tribunal did not have jurisdiction to review the agency's decision to delay determining a reduction in processing charges as it was not a reviewable decision under s 80 of the GIPA Act. The Appeal Panel found no error that could have affected the outcome and dismissed the appeal.

Court Disposition

Appeal dismissed. Leave to appeal on a question other than a question of law is refused.

Orders

  • Leave to appeal on a question other than a question of law is refused.
  • The appeal is dismissed.